38.6c New Delhi, India, Tuesday, February 24, 2026
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Bail Cannot Be Granted Solely on Parity Without Assessing Accused’s Specific Role: SC [Read Judgment]

By Saket Sourav      03 December, 2025 06:08 PM      0 Comments
Bail Cannot Be Granted Solely on Parity Without Assessing Accuseds Specific Role SC

New Delhi: The Supreme Court has ruled that parity with a co-accused cannot be the sole ground for granting bail, and that courts must examine the specific role attributed to each accused person in the alleged offence before deciding bail applications.

A Bench of Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh delivered the decision while allowing two connected criminal appeals filed by the complainant challenging bail orders passed by the Allahabad High Court.

The case arose from an alleged murder incident in which the complainant’s father, Sonveer, was shot dead following a dispute. The accused, Rajveer, was granted bail by the High Court primarily on the ground that his father, Suresh Pal (a co-accused), had earlier been released on bail. The High Court observed that since the role of Rajveer was similar to that of his father, he was entitled to bail on the basis of parity.

The Supreme Court found this reasoning fundamentally flawed. It noted that the High Court failed to examine the specific roles played by the two accused persons. According to the FIR, Rajveer was the instigator who asked another accused, Aditya, to shoot Sonveer, while Suresh Pal was a member of the mob wielding a weapon who had issued threats during an earlier altercation. Their roles at the time of the shooting could not be said to be the same, even if they may have shared a common intention.

In a detailed discussion on the law of parity in bail matters, the Court emphasized that parity means placing a person on the same footing as another based on their position in the crime — their specific role and conduct — and not merely their involvement in the same offence. The Court observed that different roles may exist: someone may be part of a large intimidating group, an instigator of violence, someone who physically assaults, or someone who fires a weapon. Parity must be assessed only among those who performed similar acts.

The Court also surveyed judgments from various High Courts — including those of Allahabad, Delhi, Himachal Pradesh, Karnataka, Madhya Pradesh, and Calcutta — all of which uniformly held that parity cannot be the sole ground for granting bail. Courts must satisfy themselves by considering the materials on record, developments in investigation, and other circumstances before releasing an applicant on bail.

The Supreme Court further held that even when parity is urged as a ground, the court must examine whether the case of the applicant is identically similar to that of the co-accused in terms of facts and circumstances. Only in such cases does the desirability of consistency require that the applicant also be released on bail.

In the connected appeal concerning another co-accused, Prince, the Court found that the High Court’s order did not disclose any reason whatsoever for granting bail. The Court referred to its decision in Brijmani Devi v. Pappu Kumar, which held that while elaborate reasons may not be necessary, an order completely bereft of relevant reasons amounts to a non-speaking order and violates principles of natural justice.

Setting aside both bail orders, the Court directed accused Rajveer to surrender within two weeks. The bail application of accused Prince was remanded to the High Court for fresh consideration, keeping in view the gravity of the offence, the role of the accused, and all other relevant factors.

The Court clarified that its observations were confined to adjudicating the appeals against the grant of bail and should not be construed as comments on the merits of the case.

Case Title: Sagar v. State of UP & Anr.
[Cr.A @ SLP (Crl) Nos. 8865–8866 of 2025]

[Read Judgment]



Share this article:

About:

Saket is a law graduate from The National Law University and Judicial Academy, Assam. He has a keen ...Read more

Follow:
Linkedin


Leave a feedback about this
Related Posts
View All

Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations

After A.K. Bassi, another CBI officer who was investigating corruption allegations against Special Director Rakesh Asthana moved the Supreme Court.

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi

The court guided all states to document their response to the commission's report within four weeks. If any of the states fail to file a response, it will be presumed that they have no objections to the recommendations made by the commission, the court said.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

On April 18, 2020, the Supreme Court Collegium recommended new Chief Justices for three High Courts. Justice Dipankar Datta was proposed as Chief Justice of the Bombay High Court, succeeding Justice B.P. Dharmadhikari. Justice Biswanath Somadder was nominated as Chief Justice of Meghalaya High Court, while Justice Mohammad Rafiq was recommended for transfer as Chief Justice of Orissa High Court.

TRENDING NEWS

allahabad-hc-awards-10-lakh-compensation-for-custodial-death-of-minor-in-pilibhit-jail
Trending Judiciary
Allahabad HC Awards ₹10 Lakh Compensation for Custodial Death of Minor in Pilibhit Jail [Read Order]

Allahabad High Court awards ₹10 lakh compensation for custodial death of a minor in Pilibhit jail, holding the State absolutely liable.

23 February, 2026 04:24 PM
amicus-curiae-sidharth-luthra-urges-supreme-court-to-revise-draft-criminal-practice-rules-in-light-of-bnss-bns-and-bsa-reforms
Trending Legal Insiders
Amicus Curiae Sidharth Luthra Urges Supreme Court To Revise Draft Criminal Practice Rules In Light Of BNSS, BNS & BSA Reforms [Read Order]

Amicus Curiae Sidharth Luthra urges the Supreme Court to adopt revised Draft Criminal Practice Rules 2026 in line with BNSS, BNS and BSA reforms.

23 February, 2026 04:38 PM

TOP STORIES

homoeopathy-practitioner-cannot-prescribe-allopathy-medicines-telangana-hc
Trending Judiciary
Homoeopathy Practitioner Cannot Prescribe Allopathy Medicines: Telangana HC [Read Order]

Supreme Court holds homoeopathy practitioners cannot prescribe allopathy drugs; Telangana HC quashes FIR on procedural lapse under NMCA.

20 February, 2026 11:28 AM
contractual-bar-on-interest-claims-overrides-interest-act-kerala-high-court-order-set-aside-sc
Trending Judiciary
Contractual Bar on Interest Claims Overrides Interest Act; Kerala High Court Order Set Aside: SC [Read Order]

Supreme Court rules that contractual clauses barring interest claims override the Interest Act, setting aside Kerala High Court’s order on delayed payments.

20 February, 2026 11:43 AM
us-sc-strikes-down-trumps-global-tariffs-rules-ieepa-does-not-authorize-president-to-impose-duties
Trending International
US SC Strikes Down Trump’s Global Tariffs, Rules IEEPA Does Not Authorize President to Impose Duties [Read Order]

US Supreme Court strikes down Trump’s global tariffs, ruling that IEEPA does not authorize the President to impose import duties.

21 February, 2026 02:45 PM
kerala-hc-issues-notice-to-cbfc-over-certification-of-the-kerala-story-2-goes-beyond
Trending Judiciary
Kerala HC Issues Notice to CBFC Over Certification of ‘The Kerala Story 2 – Goes Beyond’

Kerala High Court issues notice to CBFC over certification of The Kerala Story 2, questions safeguards under Cinematograph Act; release not stayed.

21 February, 2026 02:50 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email